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EVANS v. BENNETT

Civ. A. No. 79-0183-H.

467 F.Supp. 1108 (1979)

Betty EVANS, Individually and as next friend acting on behalf of John Louis Evans, III, Plaintiff, v. Larry BENNETT, Commissioner, Alabama Correctional System, and Joseph Oliver, Warden, Holman Unit, Respondents.

United States District Court, S. D. Alabama, S. D.

April 3, 1979.

Attorney(s) appearing for the Case

John L. Carroll, Montgomery, Ala., for plaintiff.

Edward S. Carnes, Asst. Atty. Gen., Montgomery, Ala., for respondents.

MEMORANDUM OPINION

HAND, District Judge.

The petitioner is the mother of inmate John Louis Evans, III and has brought this suit as his next friend seeking a stay of his execution, presently scheduled for 12:01 a. m. on April 6, 1979, and various other relief afforded by the federal habeas corpus statute, Title 28, U.S.C.A., § 2254.

John Louis Evans, III, was indicted for first degree murder in connection with the killing of storekeeper Edward...

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